“Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 of the Criminal Procedure Code “

-Himanshu Ranjan Introduction The recording of ‘information’ under Section 154 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C) is one of the most important procedures, which  inter alia sets in motion the criminal justice system as and when a cognisable offence is committed. Section 154, Cr.P.C is the inaugural provision of Chapter XII- …

Procedure in the Trial of Counter/Cross cases

-Nehaol Sri L V Two criminal cases with conflicting versions arising out of the same incident are called as counter or cross-cases[2]  These cases represent opposing views of the same incident happening at the same time and space, and are usually seen at the level of trial courts. There is no standard definition or procedure …

Evaluating the Judicial Interpretation of Section 102(3) of Cr.P.C

~By Mansi Pandey Introduction Section 102 of the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’ or the ‘code’), deals with the power of the police officers to seize “any property” that is either stolen or creates a suspicion of commission of the offense. Further, the police shall report the seizure to the Magistrate forthwith. It …

Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI

~By Devvrat Singh and Nishita Gupta Introduction  The Prevention of Money Laundering Act (hereinafter referred to as PMLA) was enacted in 2002 and since then it has undergone several amendments. The stated object of PMLA was to combat money-laundering activities and confiscate the properties involved in or connected to the act of money laundering. Several …

Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)

~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court's judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 ("Vijay Madanlal Choudhary") dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 ["PMLA"]. This post turns its lens to how the judgment …

Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings

-By Abhinav Sekhri Munawar Faruqui might have been about to crack a joke, but he was arrested by Madhya Pradesh police before he could do that. A case was registered against him which invoked offences such as Section 295-A IPC that are cognizable and non-bailable (more on that later). One court has dismissed his bail as well …

Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure

-By Tanmay Gupta and Yashasvi Raj Introduction  As per Section 167 of the Code of Criminal Procedure (“Code”), an accused can be remanded for a maximum period of fifteen days at a time, up to ninety days. Conventionally, since the first day is included in the 24-hour production before the Magistrate, in practice, the maximum …

The state of undertrial incarceration in India

-By Vidushi Gupta Introduction Prisons and correctional facilities are an essential component of the criminal justice system in India. However, very little attention is paid to the state of the Indian prison system. Particularly neglected is the group comprising undertrials within these prisons. The issue of undertrial prisoners in India first came to light in …

Killing Many Birds with One Stone–Curing the Trials in India.

By Ansh Karnawat Introduction: Trials in India suffer from many flaws, but at the root of it all is the failure of foresight, easily visible from the growing divide between the intentions of lawmakers and their results, between their policies and the ground realities. The fundamental right to speedy trial under Article 21 of the …

Section 378 CrPC: Impediments to Justice faced by Appellate Courts

By Shailendra Shukla and Yash More Introduction The word “appeal” is not defined in the Criminal Procedure Code, 1973 (“Cr.P.C”). As per the Black Law's Dictionary[i], an appeal is defined as “a complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in which the error or injustice is sought …

The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

By Anurag Mohan Bhatnagar and Manvendra Shekhawat Introduction We live in an era in which, almost every crime has an electronic component involved, and be it a computer or mobile phones or even a small SD Card. Mobile phones, laptops, computers can be used for carrying out crime and can further be helpful for investigating …

Inimical Witnesses: Can Animosity Affect the Credibility of a Witness?

By Ritika Goyal “Enmity is a double-edged sword. It can be a ground for assault. It can also be a ground for false implication.” More than 150 years ago, Bentham stated that “Witnesses are eyes and ears of justice.” Undoubtedly, witnesses are important players in the judicial system and help the Judges in arriving at …

Sentencing Policy of India: A Critical Analysis and Suggestions [Part II]

By Shivam Mishra and Dharmesh Basedia In the concluding part of the bipartite blog series, the authors continue their discussion on the undesirable effect of Indian sentencing policy in the constitutional touchstone. An imperative analysis of the Constitutional touchstone has been followed by suggestions including the adaption of measures enshrined under the Coroners and Justice …

The Sentencing Policy of India: A Critical Analysis and Suggestions [Part I]

By Shivam Mishra and Dharmesh Basedia In the opening part of this bipartite blog series, the co-authors take a gestalt perspective to carefully analyze the sentencing policy of India, its evolvement and ranging wide discretion power entrusted to judges. The compelling concern of such wide range power and its effect in the form of different …

Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty

By Abinand Lagisetti Introduction One of the most fundamental characteristics of the complex Indian Criminal Law framework is the presumption of innocence bestowed upon the accused by the Courts and the burden of proof conferred upon the prosecution to prove the accused’s guilt. This principle was borrowed from English criminal law system and has been …

Different Timelines for Different Defamation Cases

By Lalit Ajmani  It is quite common to witness vexatious litigations that are devised solely to harass and torture the other party. Resultantly, the innocently accused person has to suffer a great ordeal of defending the criminal/civil case and sometimes gets defamed by the vexatious litigation initiated by the other, both for no reasons. Law …

The Credibility of Child Witnesses

By Himanshu Tyagi The Supreme Court of India recently emphasized on the need of having special public prosecutors in the case registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Hon’ble Court observed that the prosecutors must be trained to deal with child witness in sexual harassment cases. As we all …